Texas § NR.133.044 - PROHIBITION AGAINST OPENING PITS
Full text of Texas The Texas Constitution § NR.133.044 — PROHIBITION AGAINST OPENING PITS, with citation guidance and answers to common questions.
§ NR.133.044. PROHIBITION AGAINST OPENING PITS
PROHIBITION AGAINST OPENING PITS. (a) From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter will be less than 25 feet from the outer right-of-way line of any public road or highway ("the setback distance"). (b) From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter is in hazardous proximity to a public road without first filing a quarry safety plan detailing how the applicant intends to comply with the safety provisions of this code in the opening and closing of the pit. (c) The quarry safety plan must: (1) set out the information required in Section 133.046 et seq. of this code; and (2) be filed by the applicant at least 60 days prior to the opening of the pit; and (3) contain a statement as to the yearly progress of the encroachment of the pit perimeter within the hazardous proximity to a public road, if any, and the type of berm or barrier or other device required by this code that will be erected; and (4) be in writing, certified and sworn to the applicant; and (5) contain any other information relating to safety matters as the department by rule or regulation deems essential to the implementation of this code. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620 ), Sec. 14.006, eff. September 1, 2025.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § NR.133.044
What does The Texas Constitution § NR.133.044 cover?
Section NR.133.044 ("PROHIBITION AGAINST OPENING PITS") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § NR.133.044?
A common citation format is "The Texas Constitution § NR.133.044" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § NR.133.044 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.